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This entry was published on 2021-12-24
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Executive (EXC) CHAPTER 18, ARTICLE 49-B
§ 995. Definitions. When used in this article, the following words and
terms shall have the meanings ascribed to them in this section:

1. For purposes of general forensic analysis the term "forensic
laboratory" shall mean any laboratory operated by the state or unit of
local government that performs forensic testing on evidence in a
criminal investigation or proceeding or for purposes of identification.

2. For purposes of forensic DNA analysis, the term "forensic DNA
laboratory" shall mean any forensic laboratory operated by the state or
unit of local government, that performs forensic DNA testing on crime
scenes or materials derived from the human body for use as evidence in a
criminal proceeding or for purposes of identification and the term
"forensic DNA testing" shall mean any test that employs techniques to
examine deoxyribonucleic acid (DNA) derived from the human body for the
purpose of providing information to resolve issues of identification.
Regulation pursuant to this article shall not include DNA testing on
materials derived from the human body pursuant to title five of article
five of the public health law for the purpose of determining a person's
genetic disease or medical condition and shall not include a laboratory
operated by the federal government.

3. "DNA testing methodology" means methods and procedures used to
extract and analyze DNA material, as well as the methods, procedures,
assumptions, and studies used to draw statistical inferences from the
test results.

4. "Blind external proficiency testing" means a test sample that is
presented to a forensic laboratory for forensic DNA testing through a
second agency, and which appears to the analysts to involve routine
evidence submitted for forensic DNA testing.

5. "DNA" means deoxyribonucleic acid.

6. "State DNA identification index" means the DNA identification
record system for New York state established pursuant to this article.

7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law except: (a) a person convicted of prostitution
under section 230.00 of the penal law, or (b) a person whose
participation in the offense is determined by a court to have been a
result of having been a victim of sex trafficking under section 230.34
of the penal law, sex trafficking of a child under section 230.34-a of
the penal law, or trafficking in persons under the trafficking victims
protection act (United States Code, Title 22, Chapter 78).

8. "DNA record" means DNA identification information prepared by a
forensic DNA laboratory and stored in the state DNA identification index
for purposes of establishing identification in connection with law
enforcement investigations or supporting statistical interpretation of
the results of DNA analysis. A DNA record is the objective form of the
results of a DNA analysis sample.

9. "DNA subcommittee" shall mean the subcommittee on forensic DNA
laboratories and forensic DNA testing established pursuant to
subdivision thirteen of section nine hundred ninety-five-b of this

10. "Commission" shall mean the commission on forensic science
established pursuant to section nine hundred ninety-five-a of this